1 2025:CGHC:47799 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6347 of 2025 Rajshekhar Puranik @ Raj Shekhar Puranik @ Raju S/o Late Shri S.V. Puranik Aged About 62 Years R/o Ward No. 08, House No. 28, Prem Nagar, Sukma, District Sukma Chhattisgarh. ... Applicant versus State Of Chhattisgarh Through The Officer-In-Charge, Economic Offences Wing/A.C.B. Raipur, District Raipur, Chhattisgarh. ... Respondent For Applicant : Shri Kishore Bhaduri, Sr. Advocate with Shri Aman Tamboli, Advocate. For Respondent/State : Dr. Saurabh Kumar Pande, Dy.AG. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 17/09/2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No.26/2025 registered at Police Station E.O.W./A.C.B. Raipur, District GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.09.18 18:21:52 +0530 2 Raipur, C.G. for the offence punishable under Sections 409, 467, 468, 471 and 120-B of the IPC and Sections 13(1)A and 13(2) of the Prevention of Corruption Act. 2. Case of the prosecution, in brief, is that it is alleged that based on reliable resources, it was revealed that the incentive remuneration amount received for Tendu leaves season 2021 and season 2022 under District Minor Forest Produce Cooperative Union Limited Sukma in Sukma Forest Division, which is around 3 Crore 62 Lakhs, has been withdrawn in cash in April and distributed among various forest officers. In this regard, a complaint number 56/2025 was registered on the complaint sent by Abdul Sheikh Karim. It was alleged in his complaint that the bonus amount of Tendu leaves for the hard work of the poor tribals of forest areas, has been fraudulently withdrawn by Sukma Forest Division Officer Ashok Patel through the officials of the Forest Department and the managers and nutrition officers of various Primary Minor Forest Produce Committees related to the Forest Division. As per the contents of the FIR, in the season 2021, Rs.4,53,73,136/ was to be paid out of which 10131 tendu leaf collectors were paid Rs.1,37,61,125/- in their bank accounts but in respect of around 31225 leaf collectors who did not had bank accounts, it is shown that Rs.3,16,12,011/- is paid to them. Similarly, for the season 2022 total 3,32,71,375/- was to be paid totally. Out of that 5739 leaf collectors were paid Rs.74,11,400/-in their bank accounts and the remaining 13179 collectors are said to have been paid Rs.2,58,59,975/-. Thus, combining these two seasons, Rs.5,74,71,986/-was proposed for payment and around 2 Crore Rs. is said to have been paid through bank accounts but there is no clarity in respect of the payment. Thus, it 3 is alleged that misappropriation of funds has been done at large scale. It is alleged that the then Divisional Forest Officer of the Sukma Division is liable for the aforesaid misappropriation of funds who is said to have committed this offence with aid and assistance of other forest officers and other related persons. Initially the FIR was registered for offences punishable under Sections 409, 120-B of the IPC. During the investigation, around 26 Lakhs Rs, cash was recovered from the house of the applicant in the month of April 2025. Based on these allegations, the applicant has been arrested on 08/07/2025. 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the case. He would submit that the applicant's role as a Manager of Prathamik Vanopaj Sahkari Samiti Maryadit Phoolbagdi is limited, and all payments to tendu leaf collectors were made directly into their bank accounts. He would further submit that the cash recovered from the applicant's house belongs to his brothers, who are businessmen, and was kept for emergency purposes, including medical treatment for the applicant's wife suffering from cancer. He would submit that the applicant cooperated with the investigation, and there is no material evidence to support the allegations against him. He would submit that the charge sheet has been filed in this case, applicant has no criminal antecedents, he is in jail since 08/07/2025 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and he would submit that charge sheet has been filed in this case. He would submit that the incentive remuneration amount received for 4 tendu leaf season 2021 and season 2022 under District Minor Forest Produce Cooperative Union Limited Sukma in Sukma Forest Division, which is around 3 crore 62 lakhs, has been distributed among various forest officers and others by withdrawing the cash of April and in this regard, complaint number 56/2025 was registered on the complaint sent by Abdul Sheikh Karim. He would submit that during the investigation of the case, it was found that the accused applicant Rajeshkhar @ Raju Puranik was posted as the Committee Manager in the Primary Minor Forest Produce Cooperative Society Phulbagdi since the year 1989. Apart from this, he was also working as a supervisor in the office of Managing Director / DFO District Minor Forest Produce Cooperative Federation Limited Sukma since the year 2011. He would submit that the applicant was involved in a conspiracy with co-accused Ashok Kumar Patel, DFO, to embezzle funds meant for tendu leaf collectors and the applicant had a close relationship with Ashok Kumar Patel and facilitated communication between him and other committee managers and the applicant introduced committee managers to Ashok Kumar Patel, and there were discussions about giving illegal commissions. He would submit that the applicant received cash from committee managers, allegedly as office expenses, but actually as illegal commissions and during a search operation, Rs.26,63,700/- in cash and two mobile phones were recovered from the applicant's residence, which he failed to explain satisfactorily, therefore he is not entitled to be released on bail. 5. I have heard learned counsel appearing for the parties and perused the materials available on record. 5 6. Taking into consideration the facts and circumstances of the case, submissions of learned counsel for the parties, materials available on record, considering the period of detention of the applicant since 08/07/2025, charge sheet has been filed, applicant has no criminal antecedents and also considering the fact that trial is likely to take some time for its conclusion, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed and it is directed that the Applicant- Rajshekhar Puranik @ Raj Shekhar Puranik @ Raju, involved in Crime No.26/2025 registered at Police Station E.O.W./A.C.B. Raipur, District Raipur, C.G. for the offence punishable under Sections 409, 467, 468, 471 and 120-B of the IPC and Sections 13(1)A and 13(2) of the Prevention of Corruption Act, be released on bail on his furnishing a personal bond with two sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. 6 (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of BNSS. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 8. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri